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Articles Posted in Litigation

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“A Matter Adjudged”: Court Discusses How Res Judicata Prevents Parties From Relitigating Issues

Our court system includes rules that aim to promote court efficiency.  Some of the rules may sound intimidating, but having a good attorney, one who is able to build a strong strategy and with strong knowledge of the rules, makes the necessary difference.  One such rule is called res judicata…

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Louisiana Man’s Injury Claims Fail to Pay Because of Failure to Act in Time

Failing to seek timely legal advice could not only keep you out of the back of a police car, but could also help ensure you are able to get the compensation you deserve for your injuries. When one man from Lake Charles, Louisiana was injured during an arrest he made…

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Louisiana Court of Appeal Finds Plaintiffs’ Case Abandoned for Failure to Prosecute

It  is, mildly stated, disappointing for a plaintiff when a court dismisses his or her case based on a technicality, particularly when the lawsuit is about medical malpractice.  Unfortunately, even when a plaintiff has a good case, with all the necessary evidence to show that the defendant was wrong, the…

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The Perils of Signing a Non-Compete Agreement in Louisiana

Non-Compete agreements can restrict a person’s ability to start and maintain a business. Anyone who plans to work in Louisiana should be very clear what they can and cannot do as a part of a non-compete agreement. For example, a trial court in Louisiana held that a cardiologist’s business, which…

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Bogalusa Fire Department Made to Pay Workers Compensation for Fireman’s Heart Condition

Don’t get burned by worker’s compensation failing to pay for your injury. Make sure that you understand what your rights are whenever you file a worker’s compensation claim. Clinton Miley, a firefighter with the Bogalusa Fire Department, suffered from paroxysmal supraventricular tachycardia (PSVT) after 19 years on the job. He…

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Louisiana Supreme Court Will Not Overturn a Fairly and Honestly Obtained Arbitration Award for a Mere Error of Law

In  executing the terms of a construction contract, a builder and its subcontractors may not perform their duties as mandated under the terms of the contract. If a builder fails to perform its duties, then a property owner may file a claim for breach of contract and damages against the…

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